Facts
The appellant [X.] filed an appeal with the Cantonal Court of Schwyz against the discontinuation of the criminal proceedings by the Public Prosecutor's Office Höfe Einsiedeln. However, the Cantonal Court did not enter into the appeal, as it did not meet the legal requirements. Thereupon, [X.] filed an appeal with the Federal Supreme Court, requesting that the Cantonal Court be obliged to set a grace period for him to improve the appeal.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the cantonal appeal should have contained a request and a justification in accordance with Art. 385 para. 1 CCP, which was not the case here. Although Art. 385 para. 2 CCP provides that the appellate instance shall order a submission for improvement within a short grace period. However, this provision is not applicable if the appellant deliberately fails to meet the requirements in order to circumvent the provision of Art. 89 para. 1 CCP, according to which time limits cannot be extended.
In the present case, the appellant had taken note of and understood the legal remedy instruction, according to which the appeal must contain a justification. Nevertheless, he had…